[Federal Register Volume 68, Number 80 (Friday, April 25, 2003)]
[Rules and Regulations]
[Pages 20339-20341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10116]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-173-AD; Amendment 39-13129; AD 2003-08-16]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model MD-90-30 airplanes, that 
requires a one-time inspection for chafing of the RDB wire bundle 
against the No. 2 automatic direction finder (ADF) receiver located at 
the aft end of the forward right radio rack; repair or replacement, if 
necessary; and modification of the wire bundle. The actions specified 
by this AD are intended to prevent chafing of the RDB wire bundle 
against the No. 2 ADF receiver, which could result in electrical arcing 
and consequent smoke and/or fire in the cockpit. This action is 
intended to address the identified unsafe condition.

DATES: Effective May 30, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 30, 2003.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data 
and Service Management, Dept. C1-L5A (D800-0024). This information may 
be examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Los Angeles Aircraft Certification Office, 
3960 Paramount Boulevard, Lakewood, California; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: George Mabuni, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712-4137; telephone (562) 627-5341; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas MD-90-30 
airplanes was published in the Federal Register on September 23, 2002 
(67 FR 59481). That action proposed to require a one-time inspection 
for chafing of the RDB wire bundle against the automatic direction 
finder (ADF) receiver located at the aft end of the forward right radio 
rack; repair or replacement, if necessary; and modification of the wire 
bundle.

Comment

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.
    The commenter states that the unsafe condition corrected by the 
proposed AD only exists when the No. 2 ADF receiver is installed on the 
airplane, and asks that explicit relief be included in the proposed AD 
to preclude action if the operator does not use the No. 2 ADF receiver. 
The commenter notes that without the No. 2 ADF receiver installed, 
there is no unsafe condition.
    The FAA agrees with the commenter, and notes that the referenced 
service bulletin specified that the chafing condition could exist only 
on airplanes equipped with the No. 2 ADF receiver. We have changed the 
applicability in this final rule to add that it is only applicable to 
airplanes equipped with the No. 2 ADF receiver. In addition, we have 
changed the term, ``ADF receiver'' to ``No. 2 ADF receiver'' throughout 
the final rule.

Explanation of Editorial Change

    We have changed the service bulletin citation throughout this final 
rule to exclude the Evaluation Form. The form is intended to be 
completed by operators and submitted to the manufacturer to provide 
input on the quality of the service bulletin; however, this AD does not 
include such a requirement.

[[Page 20340]]

Conclusion

    After careful review of the available data, including the comment 
and change noted above, the FAA has determined that air safety and the 
public interest require the adoption of the rule with the changes 
previously described. The FAA has determined that these changes will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

Cost Impact

    There are approximately 96 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 21 airplanes of U.S. registry 
will be affected by this AD.
    It will take approximately 1 work hour per airplane to accomplish 
the inspection, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the inspection required by this AD on 
U.S. operators is estimated to be $1,260, or $60 per airplane.
    It will take approximately 4 work hours per airplane to accomplish 
the modification of the RDB wire bundle, at an average labor rate of 
$60 per work hour. Parts cost is minimal. Based on these figures, the 
cost impact of the modification required by this AD on U.S. operators 
is estimated to be $5,040, or $240 per airplane.
    Should an operator be required to accomplish the repair or 
replacement of the wire bundle, it will take approximately 2 work hours 
per airplane to accomplish the actions, at an average labor rate of $60 
per work hour. Parts cost is minimal. Based on these figures, the cost 
impact of the repair or replacement required by this AD is estimated to 
be $120 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2003-08-16 McDonnell Douglas: Amendment 39-13129. Docket 2001-NM-
173-AD.

    Applicability: Model MD-90-30 airplanes equipped with a No. 2 
automatic direction finder (ADF) receiver, and listed in McDonnell 
Douglas Alert Service Bulletin MD90-24A051, Revision 02, dated 
August 14, 2002; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent chafing of the RDB wire bundle against the No. 2 ADF 
receiver, which could result in electrical arcing and consequent 
smoke and/or fire in the cockpit, accomplish the following:

Inspection/Repair or Replacement/Modification

    (a) Within 6 months after the effective date of this AD, do the 
requirements specified in paragraphs (a)(1) and (a)(2) of this AD, 
per McDonnell Douglas Alert Service Bulletin MD90-24A051, Revision 
02, excluding Evaluation Form, dated August 14, 2002.
    (1) Do a one-time general visual inspection for chafing of the 
RDB wire bundle against the No. 2 ADF receiver located at the aft 
end of the forward right radio rack. If any chafing is found, before 
further flight, repair or replace the affected wire bundle.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (2) Modify the RDB wire bundle (including installation of three 
new tie mounts using new screws and clip nuts, removal of the 
existing tie straps and splitting the wire bundle into two separate 
bundles, installation of six new straps, and verification of 
adequate clearance between the wire bundle and the ADF receiver), 
and do the return-to-service test.
    (b) Accomplishment of the actions specified in paragraphs (a)(1) 
and (a)(2) of this AD, per McDonnell Douglas Alert Service Bulletin 
MD90-24A051, dated October 28, 1999; or Revision 01, dated March 26, 
2001; before the effective date of this AD, is considered acceptable 
for compliance with the requirements of this AD.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Los Angeles ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.


[[Page 20341]]



Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (e) The actions shall be done in accordance with McDonnell 
Douglas Alert Service Bulletin MD90-24A051, Revision 02, excluding 
Evaluation Form, dated August 14, 2002. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Boeing Commercial Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: 
Data and Service Management, Dept. C1-L5A (D800-0024). Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, 
California; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., Suite 700, Washington, DC.

Effective Date

    (f) This amendment becomes effective on May 30, 2003.

    Issued in Renton, Washington, on April 18, 2003.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-10116 Filed 4-24-03; 8:45 am]
BILLING CODE 4910-13-P